Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


ft  >.  .  pfr. 

REPORT 


or  THE 


Committee  on  Hoax®  atttCCanate 


ON 


THE  PETITION  OF  THE 


HARLAEM  RIVER  CANAL  COMPANY, 


TOGETHER  WITH 


AFFIDAVITS  RELATING  TO  THE  SAME. 


PRINTED  BY  ORDER  OP   THE  COMMON  COUNCIL. 


Hit 


DOCU1VXI2NT  NO.  36. 


BOARD  OF  ALDERMEN, 


FEBRUARY  11,  1839. 


The  Committee  on  Roads  and  Canals,  to  whom  was  referred 
the  petition  of  the  Harlaem  River  Canal  Company,  for  per- 
mission to  cut  a  canal  from  Harlaem  River  to  Spuyten  Duy- 
vel  Creek,  fyc.  fyc.  presented  the  following  report  thereon. 
Which  was  laid  on  the  table  and  directed  to  be  printed  for 
the  use  of  the  members. 

THOMAS  BOLTON,  Clerk. 


The  Committee  on  Roads  and  Canals,  to  whom  was  referred 
the  memorial  of  the  Harlaem  River  Canal  Company,  request- 
ing permission  of  this  Corporation  to  cut  a  canal  from  Harlaem 
River  to  Spuyten  Duyvel  Creek  ;  also  a  report  of  the  Commit- 
tee on  Roads  and  Canals  of  the  Board  of  Assistant  Aldermen, 
recommending  the  construction  of  this  canal  at  the  expense  of 
the  city,  both  of  which  are  hereunto  annexed,  respectfully 

REPORT : 

The  project  of  connecting  Harlaem  River  with  Spuyten 


Doc.  No.  30.] 


370 


Duy  vel  Creek,  appears  to  have  been  agitated  by  certain  indivi- 
duals, at  least  as  long  ago  as  18i>7  ;  for  in  that  year  a  Company 
was  chartered  by  the  Legislature,  with  full  powers  to  cut  a 
canal  of  large  dimensions,  with  basin  appended  when  necessary, 
on  condition  of  first  obtaining  the  consent  of  this  Corporation. 

The  time  allowed  for  constructing  (his  canal,  by  the  Act 
above  referred  to,  was  two  years.  Why  this  Company  did 
not  avail  themselves  of  the  privileges  granted  in  this  charter, 
the  memorialsts  do  not  inform  as.  Jt  is,  however,  fair  to  pre- 
sume, that  the  certainty  of  receiving  nothing  by  way  of  inte- 
rest on  the  o  it  lay,  was  the  real  cause.  In  1838  the  same 
Company  appl  ed  t"  the  Legislature  for  an  Act  to  revive  and 
continue  the  Act  of  1827,  which  was  granted.  About  the 
same  time  application  was  made  to  this  Corporation,  with  the 
consent,  if  not  by  the  request  of  this  Company,  to  construct 
this  canal  at  the  expense  of  the  city.  From  the  above  facts  it 
is  fair  enough  to  j  resume,  that  this  Company,  up  to  the  time 
this  memorial  was  presented,  did  not  intend  to  construct  this 
canal  itself,  but,  if  possible,  induce  this  Corporation  to  con- 
struct it  at  the  expense  of  the  pi  blic. 

This  Committee  have  examined  the  report  of  Mr.  SchaefTer, 
who  was  employed  by  the  Common  Council  to  make  a  survey 
of  Harlacm  River  and  Spuyten  Duyvel  Creek  ;  they  have  also 
examined  the  report  made  to  the  Board  of  Assistant  Aldermen, 
and  have  taken  some  pains  to  inform  themselves  of  the  difficul- 
ties to  be  overcome,  and  the  advantages  to  be  gained,  by  this 
work.  The  conclusions  which  this  Committee  have  formed, 
are  generally  at  variance  with  those  found  in  the  reports  al- 
luded to.  The  Act,  authorizing  the  Company  to  make  this  ca- 
nal, confers  no  power  to  encroach  on  the  Westchester  side  ; 
which  is  absolutely  necessary,  to  make  the  navigation  easy,  by 
avoiding  the  serpentine  c         of  Spuyten  Duyvel  Creek. 

The  difficulty  of  keeping  the  channel  open  at  the  mouth  of 
the  creek,  of  sufficient  depth  to  admit  the  passage  of  vessels 
at  all  times  of  tide,  will  be  found  much  greater  than  has  gene- 
rally been  anticipated.    It  is  a  well  known  fact,  that  sand  bars 


371 


[Doc.  No.  36. 


are  usually  formed  across  small  streams,  where  they  enter  large 
ones,  by  reason  of  the  difference  in  the  force  of  the  currents ; 
and  as  the  same  cause  will  always  produce  the  same  effect, 
they  will  re-form  as  often  as  they  are  removed.  The  sand  bar 
across  the  mouth  of  this  creek  affords  about  eighteen  inches  of 
water  at  common  low  tides,  and  is  frequently  left  entirely  bare. 

Mr.  Schaeffer  has  not  noticed  this  natural  obstruction  to  the 
navigation  of  Harlaem  River  ;  probably  for  the  reason,  that 
he  could  not  attribute  its  formation  to  the  influence  of  McComb's 
dam,  and  therefore  disposed  of  it  in  the  summary  manner  he 
has  the  shallows  and  angles  in  other  parts  of  the  river ;  or  pos- 
sibly it  will  not  suit  the  interests  of  those  for  whose  especial 
benefit  this  survey  appears  to  have  been  made,  to  notice  any 
obstruction  that  could  not  be  easily  removed. 

The  formation  of  mud  flats  and  banks,  below  McComb's 
dam,  is  properly  accounted  for  ;  and  as  the  Village  of  Harlaem 
becomes  more  densely  populated,  and  the  streets  leading  to  the 
river  regulated  and  paved,  still  greater  quantities  of  earth  will 
be  carried  into  it,  and  consequently  lessen  the  depth  of  water 
in  the  channel.  That  the  mud  deposited  in  the  bed  of  the  river, 
within  and  near  those  dams,  has  been  detained  there  by  ob- 
structing the  natural  couise  of  the  tide,  is  very  evident;  but 
that  the  narrow  and  extremely  crooked  channel,  and  rapid  fill- 
ing of  the  river  observed  in  other  places,  are  all  produced  by 
the  same  cause,  will  not  as  readily  be  believed. 

It  must  be  evident  to  the  most  superficial  observer,  that  large 
alluvial  deposites  have  been  made  long  before  any  artificial  ob- 
structions were  placed  in  the  river,  and  that  the  same  cause 
will  continue  to  operate  after  they  have  been  removed. 

It  is  a  well  known  fact,  that  the  tide  flows  in  at  both  ex- 
tremities of  Harlaem  River  ;  causing  slack  water  in  some 
portion  of  it  at  every  flood,  and  consequently  depositing  what- 
ever loose  earth  is  floated  to  the  place,  where  a  portion  of  it 
remains  for  want  of  sufficient  strength  in  the  current  to  force 
it  away. 

,   This  cause  would  probably  operate  to  a  much  greater  ex- 


Doc.  No.  36. 


3?:> 


tent,  if  it  were  not  for  the  irregularity  of  the  tides  in  the  East 
and  North  Rivers;  which  frequently  changes  the  place  where 
the  tides  meet,  and  sometimes  produces  a  current  throughout 
the  whole  extent  of  Ilarlacm  River  and  Spuyten  Duyvel  Creek, 
which  prevents  the  channel  from  filling  dp  altogether.  No 
other  prebable  reasons  than  those  expressed  above,  can  he  given 
for  the  extreme  crookedness  and  irregularity  found  in  the  chan- 
nel, a  short  distance  below  Fordham  bridge,  and  mentioned  in 
Mr.  SchaefT tV>  report. 

That  the  causes  given  by  the  Engineer  for  these  irregulari- 
ties arc  not  the  true  ones,  is  evident  from  the  fact,  that  the 
channel  is  found  to  be  in  the  same  place  it  was  before  the  dam 
was  built,  and  of  little  less  capacity. 

This  Committee  feel  warranted  in  giving  the  above  opinion 
by  the  evidence  of  persons  who  have  been  long  acquainted  with 
the  river,  and  who  had  no  interest  in  making  statements  that 
are  not  strictly  true. 

These  opinions  arc  supported  by  the  testimony  of  twelve 
persons  given  twenty  years  ago,  and  appended  to  this  report ; 
and  which  ought  to  be  carefully  examined  in  order  to  make  up 
a  just  estimate  of  the  value  of  Harlacm  River  for  navigable 
purposes.  It  is  a  question  worthy  of  consideration,  whether 
this  Corporation  would  be  justifiable  in  granting  the  request  of 
the  memorialists,  after  having  sanctioned  an  Act  of  the  Legis- 
lature passed  in  1813,  granting  to  Robert  McComb  and  his 
heirs  forever,  certain  privileges,  which  this  canal  will  materially 
injure,  if  not  entirely  destroy. 

The  question  whether  Mr.  McComb  did  actually  violate  his 
charter,  by  not  complying  with  all  its  conditions,  must  be  set- 
tled by  a  higher  tribunal  than  this  Common  Council ;  and  until 
it  is  so  settled,  it  would  be  evidently  unjust  in  this  Corporation, 
to  deprive  the  parties  who  are  in  possession  of  those  privileges 
of  their  rights,  without  first  stipulating  for  the  payment  of  da- 
mages. 

The  advantages  to  be  gained  by  improving  the  navigation  of 
Harlaem  River,  have,  in  the  estimation  of  this  Committee,  been 


373 


[Doc.  No.  36. 


highly  over -rated.  We  are  told,  (see  Document  No.  126,  vol. 
2d  of  Reports  of  the  Board  of  Assistant  Aldermen,)  that  it  will 
afford  a  safe  and  convenient  passage  for  vessels  trading  be- 
tween places  on  the  East  and  North  Rivers  ;  that  it  will  give 
a  water  front  of  seven  miles  in  extent  along  the  northern  ex- 
tremity of  our  city,  and  by  that  means  advance  our  mercantile 
interests.  That  it  will  be  made  the  great  lumber  mart  of  our 
city ;  and  that  it  will  be  the  means  of  bringing  to  market  large 
quantities  of  marble  and  other  building  materials,  which  have 
become  unavailable  to  us  by  the  construction  of  McComb's 
dam.  We  are  also  told  that  the  vicinity  of  Harlaem  River 
will  afford  an  excellent  location  for  manufacturing  establish- 
ments, that  the  neighboring  heights  will  be  occupied  with  villas 
and  country  seats,  and  the  river  be  made  use  of  for  aquatic 
excursions. 

The  arguments  above  referred  to  may  be  applicable  to  fu- 
ture times  ;  that  some  of  the  advantages  now  anticipated  may 
be  hereafter  realized,  this  Committee  will  not  deny  ;  but  that 
the  expenditure  of  money  for  the  improvement  of  the  naviga- 
tion of  Harlaem  River  will,  at  this  time,  benefit  the  interests  of 
the  city  at  large,  remains,  in  the  estimation  of  this  Committee, 
yet  to  be  proved. 

If  this  canal  should  be  made  of  sufficient  depth  to  admit  the 
passage  of  such  vessels  as  usually  navigate  the  Sound ;  is  it 
probable  that  such  vessels  would  leave  the  open  track  before 
them,  and  enter  Harlaem  River  through  a  narrow,  crooked  and 
rocky  channel,  pass  through  three  draw  bridges,  pay  the  ex- 
pense of  being  dragged  through  half  a  mile  of  canal,  and  warped 
through  an  equal  extent  of  Spuyten  Duyvel  creek  ;  a  large  por- 
tion of  the  channel  being  too  narrow  to  work  a  vessel  with  any 
other  than  a  fair  wind,  would  make  the  navigation  still  more 
difficult,  and  often  impossible.  That  Harlaem  River  will  never 
be  used  for  such  purposes  must  be  evident,  when  it  is  con- 
sidered that  the  whole  distance  gained  is  only  fifteen  miles. 

If  it  be  admitted,  that  at  a  considerable  expense,  an  available 
water  front  can  be  obtained  along  the  northern  extremity  of 


J)oc.  No.  36.]  374 

the  city,  still  the  question  will  be  asked,  why  incur  this  expense 
at  this  time,  when  we  are  in  possession  of  twenty-two  miles  of 
water  front,  only  seven  of  which  have  been  brought  into  use, 
and  a  large  portion  of  this  unprofitable  occupied  Many  of 
our  docks  have  become  useless  by  being  filled  with  mud,  which 
is  suffered  to  remain  because  the  dockage  will  not  pay  the  ex- 
pense of  clearing  it  away;  and  the  continued  objections  ma<lc 
to  petitions  for  building  piers  in  the  North  River  is,  that  they 
arc  not  required  for  public  convenience,  and  that  they  will  pay 
no  revenue  to  the  city. 

Why  then  expend  large  sums  of  money  to  open  a  water 
front  at  the  upper  extremity  of  the  city,  when  we  have  ample 
accommodations  at  its  lower  section,  which  may  be  increased 
to  almost  any  extent  that  may  be  required.  It  has  been  ob- 
served by  commercial  men  who  have  had  the  best  opportuni- 
ties of  informing  themselves  on  this  subject,  that  the  City  of 
New  York  affords  greater  facilities  for  conducting  its  commer- 
cial transactions  than  any  other  place.  This  is  owing  to  the 
concentration  of  the  most  important  part  of  its  business  within 
a  small  compass,  and  any  attempt  to  divert  it  from  its  present 
location,  must  have  the  effect  of  driving  it  to  Brooklyn,  where 
greater  conveniences  are  offered  than  Harlaem  River  ever  can 
possess. 

It  is  said  this  improvement  is  required  in  order  to  afford  ac- 
commodations to  our  canal  boats,  which,  when  the  enlargement 
of  the  Erie  Canal  shall  be  completed,  will  be  enabled  to  descend 
the  Hudson  without  stopping  at  Albany.  It  is  difficult  to 
imagine  why  these  boats  ladened  writh  produce  and  destined  for 
the  New  York  market,  should  turn  aside  from  their  course  and 
land  their  cargoes  at  some  point  on  Harlaem  River,  then  pro- 
ceed to  the  southern  extremity  of  the  city  for  a  return  cargo  ; 
the  very  point  too,  to  which  this  produce  must  at  last  be  trans- 
ported, for  the  purpose  of  being  distributed  throughout  the  coun- 
try, or  used  to  make  up  assorted  cargoes  for  all  parts  of  the 
world. 

The  day  is  far  distant  when  Harlaem  River  will  be  used  for 


375 


[Doc.  No.  36. 


such  purposes.  All  the  produce  or  merchandize  deposited  on 
Harlaem  River  or  Spuyten  Duyvel  Creek,  for  at  least  a  quarter 
of  a  century,  will  be  what  is  required  for  the  inhabitants  in  its 
neighborhood  and  no  more. 

That  Harlaem  River  will  become  a  repository  for  lumber, 
at  least  for  many  years  to  come,  is  equally  impossible.  Very 
little  lumber  of  any  description  is  brought  to  this  city,  except 
for  its  own  consumption.  How  then  can  it  be  profitable  to 
yard  it  at  such  a  distance,  from  whence  it  must  be  re-shipped 
o  carried  over  land,  the  expense  of  which  will  be  equal  to  its 
transportation  from  Albany.  That  raft  timber  may  be  depo- 
sited here  with  safety  is  very  true,  but  the  distance  from  the 
business  part  of  the  city  is  too  great,  and  the  probability  of  its 
being  ice  bound  for  two  or  three  months  in  the  year,  will  pre- 
vent its  being  used  extensively  even  for  that  purpose. 

But  by  improving  the  river,  the  neighborhood  may  be  made 
available  for  manufacturing  purposes.  This  may  be  so,  yet 
this  kind  of  business,  like  every  other,  will  find  its  own  loca- 
tion. 

Manufacturing  establishments  are  most  profitably  carried  on 
where  water  power  can  be  obtained,  and  the  means  of  subsist- 
ence procured  at  the  cheapest  rate.  These  facilities  are  not 
likely  to  be  found  in  the  vicinity  of  Harlaem,  where  the  neces- 
saries of  life  are  often  at  a  higher  price  than  in  the  more  thickly 
settled  parts  of  the  city.  It  has  been  observed  that  many  of 
the  manufacturing  es  ablishments,  heretofore  existing  in  the 
city  and  its  vicinity,  have  dwindled  awa3/  and  given  place  to 
others  which  have  sprung  up  in  the  adjoining  States,  or  in  the 
more  distant  towns  of  our  own  State.  Any  attempt  therefore 
to  induce  manufacturers  to  establish  themselves  in  that  neigh- 
borhood will  most  likely  prove  abortive. 

That  marble  and  other  building  stone  may  be  obtained  from 
the  shores  of  Harlaem  River  and  the  proposed  canal  is  freely 
admitted  ;  but  that  the  construction  of  this  canal,  for  the  pur- 
poses of  bringing  these  materials  to  market,  will  in  any  way 
benefit  the  city,  is  positively  denied.    All  the  marble  found  in 


Doc.  No.  30.] 


376 


this  noighborhood  is  utterly  useless  for  manufacturing  purposes, 
and  is  seldom  used  even  for  rubble  work,  on  account  of  the  mis- 
shapen form  in  which  it  is  produced  from  the  quarries.  Other 
building  stone  of  good  qualities  may  be  obtained  from  the  West- 
chester shore  ;  but  it  may  also  be  obtained  of  equal  quality,  and 
at  a  less  price,  from  inexhaustible  quarries  on  the  East  and 
North  Rivers. 

It  should  also  be  observed,  that  the  shores  of  Harlaem  Ri- 
ver and  Spuyten  Duyvel  Creek,  on  the  west  side,  from  the  8th 
avenue  to  the  North  River,  with  the  exception  of  two  or  three 
points,  are  unavailable  for  the  purpose  of  building  docks,  or 
making  improvements  necessary  for  the  accommodation  of  store- 
houses or  manufactories.  A  large  portion  of  the  shore  is  high 
and  rocky,  rising  nearly  perpendicular  from  the  water's  edge, 
and  the  remainder,  with  few  exceptions,  is  salt  marsh,  neither 
of  which  can  be  brought  into  use  without  great  and  unneces- 
sary expense. 

That  the  value  of  the  upper  section  of  Harlaem  River,  for 
the  purposes  of  navigation,  have  of  late  been  much  overrated, 
must,  in  the  estimation  of  this  Committee,  appear  evident  to 
every  person  who  will  take  the  trouble  to  examine  the  sub- 
ject. 

That  it  was  not  considered  of  much  value  before  the  erection 
of  McComb's  dam,  is  evident  from  the  testimony  annexed  to 
this  report,  and  from  the  fact  that  this  Corporation  freely  con- 
sented to  the  Act  of  the  Legislature,  authorizing  Robert  Mc 
Comb  and  his  heirs  to  dam  up  the  river  forever,  thereby  cut- 
ting off  all  navigable  communication  between  Harlaem  and 
Hudson  Rivers. 

It  will  also  appear,  by  referring  to  the  proceedings  of  the 
Common  Council,  that  a  number  of  petitions  were  presented 
during  the  time  this  subject  was  under  discussion,  from  persons 
living  on  both  sides  of  the  river,  all  of  which  were  in  favor  of 
McComb's  project,  except  that  from  the  Harlaem  Bridge  Com- 
pany, by  Mr.  Coles,  who  was  the  assignee  of  Lewis  Morris, 
to  whom  the  Legislature  had  granted  an  exclusive  right  to  con- 


377  [Doc.  No,  36. 


struct  bridges  from  Morrisania  across  Harlaem  River,  it  being 
then  a  matter  in  dispute,  whether  Devoe's  Point  belonged  to 
Morrisania  or  not. 

This  Committee  have  given  their  views,  without  regard  to  in- 
dividual interests,  with  which  they  conceive  they  have  nothing  to 
do.  It  has  lately  been  the  practice  of  individuals,  who  are  doubt- 
less interested  in  the  value  of  property  in  the  neighborhood,  to 
speak  of  Harlaem  River  as  possessing  advantages  which  this 
Committee  believe  it  never  did,  nor  ever  will  possess. 

When  the  water  is  drawn  off,  which  is  now  held  in  by  Mc 
Comb's  dam,  the  upper  part  of  the  river,  as  it  is  now  termed, 
will  then  appear  what  it  was  before  the  dam  was  erected ;  a 
narrow  and  crooked  creek,  winding  its  way  through  salt 
marshes,  which  have  become  mud  flats,  by  being  kept  inundated 
with  water  by  means  of  the  dam. 

If,  however,  this  Company,  or  those  who  may  be  connected 
with  them,  shall  deem  it  to  their  interest  to  construct  this  canal, 
no  objection  ought  to  be  made  to  their  spending  their  own  mo- 
ney for  their  own  benefit ;  provided  the  rights  of  individuals  are 
secured,  and  the  interests  of  the  city  protected. 

This  Committee  offer  the  following  resolution  for  the  conside- 
ration of  the  Board : 

Resolved,  That  the  Corporation  of  the  City  of  New  York, 
do  hereby  consent  that  the  Harlaem  River  Canal  Company  con- 
struct a  canal  from  Harlaem  River  to  Spuyten  Duyvel  Creek 
and  Hudson  River,  agreeable  to  the  following  conditions  and 
stipulations : 

First — The  Company  shall  not  commence  the  construction 
of  the  said  canal,  until  they  shall  first  have  obtained  the  per- 
mission and  written  consent  of  the  representatives  and  assignees 
of  Robert  McComb,  deceased,  or  of  those  claiming  under  him 
or  them,  to  use  the  water  of  the  Harlaem  River,  and  the  pri- 
vileges, or  any  part  thereof,  granted  to  the  suid  Robert  Mc 
Comb,  by  the  Legislature  of  this  State. 

2 


Doc,  No.  36.] 


378 


Second — The  said  canal  shall  be  made  by  enlarging  Nichols' 
Canal,  from  Ilarlaem  River  to  Spuyten  Duyvel  Creek;  and  shall 
be  not  less  than  seventy  feet  wide,  and  of  sufficient  depth  to 
admit  the  passage  of  vessels  drawing  four  and  a  half  feet  wa- 
ter at  common  low  tide.  From  Nichols1  Canal  to  the  Hudson 
River,  through  the  salt  marsh  to  the  mouth  of  Spuyten  Duyvel 
Creek,  the  said  Company  may  pursue  such  course  as  they  shall 
deem  most  advantageous,  keeping  the  same  width  and  depth  as 
specified  above. 

Third — The  said  Company  shall  build,  and  keep  in  good  re- 
pair, such  bridges  as  may  be  required  for  public  use  or  private 
benefit,  under  the  direction  of  the  Common  Council  of  the  City 
of  New  York. 

Fourth — The  said  Company  shall  not  dig  out  or  alter  the 
channel,  or  form  basins  in  Harlaem  River,  without  first  obtain- 
ing permission  from  the  Common  Council  of  the  City  of  New 
York. 

Fifth — The  Corporation  of  the  City  of  New  York  shall  re- 
serve and  have  the  right  to  purchase,  at  any  time,  from  the  said 
Company,  the  canal,  with  all  the  rights,  title  and  interest  to 
them  belonging,  for  such  sums  as  may  have  been  necessarily 
expended  in  its  construction,  or  for  keeping  it  in  repair,  with 
interest  on  the  same,  at  the  rate  of  six  per  cent,  per  annum. 

Sixth — The  Harlaem  River  Company  shall,  before  com- 
mencing the  construction  of  the  canal,  enter  into  a  written 
agreement  with  the  Corporation  of  the  City  of  New  York,  to 
perform  all  the  conditions  above  specified. 

R.  SMITH, 

JOSEPH  R.  TA  YLOR. 


AFFIDAVITS,  &c. 


RELATIVE    TO    THE    NAVIGATION    OF    HARLAEM  RIVER. 


State  of  New  York,  ) 
In  Assembly,  March  20,  1818.  j 

Resolved,  That  the  Attorney  General  of  this  State  be  in- 
structed to  examine  into  the  subject  of  the  petition  of  Augustus 
V.  Cortland  t  and  others,  and  of  David  B.  Lambert  and  others, 
(hereto  annexed,)  and  on  being  satisfied  of  the  truth  of  the  mat- 
ters complained  of,  he  shall  cause  due  legal  measures  to  be  ta- 
ken for  the  attainment  of  justice  to  all  parties. 

(A  true  copy.)    By  order. 

AARON  CLARK,  Clerk. 


March  30,  1818. 

Sir — Mr.  McCornb  has  submitted  to  me  a  number  of  affida- 
vits and  other  documents,  on  the  subject  of  the  petition  pre- 
sented by  you  to  the  Legislature,  and  by  them  referred  to  me. 
From  the  evidence  submitted  to  me,  I  am  satisfied  that  there  is 
no  just  ground  for  interference  on  the  part  of  the  State. 

Yours  very  respectfully, 

M.  V.  BEUREN. 

Mr.  George  W.  Hall. 

Compared  with  the  original,  in  the  hands  of  the  Attorney 
General. 

JAMES  RENWICK. 

New  York,  6th  April,  1818. 


Doc.  No.  3(J.] 


380 


City  and  County  of  New  York%  ft. 

Stephen  Berrian,  aged  thirty-five  years,  and  who  has  resided, 
since  he  was  a  year  old,  near  Kingsbridge  and  on  the  llarlaem 
River;  and  John  Thompson,  who  is  aged  sixty-two  years,  and 
has  resided  twenty-one  years  and  nine  months  in  the  same 
neighborhood,  and  on  said  llarlaem  River;  and  Abraham  Ber- 
rian, junior,  who  has  resided  twenty-two  years  on  said  river, 
being  respectively  sworn,  severally  depose  and  say,  that  the 
facts  stated  in  the,aflidavit  of  Thomas  Bunting,  arc,  of  their 
own  knowledge,  correct  and  true,  and  that  they  agree  with  him 
in  the  sentiments  expressed  therein. 

JOHN  THOMPSON, 
STEPHEN  BERRIAN. 

Sworn,  March  19,  1818,  before  me,  ) 
JOHN  DOUGHTY,  [ 
Assistant  Justice.  ) 


City  and  County  of  l\Tcic  York,  ss. 

John  Halstad,  of  the  City  of  New  Y^ork,  being  duly  sworn, 
doth  depose  and  say,  that  he  is  fifty-three  years  old ;  that  he  is 
the  step-son  of  John  Sherman,  and  was  brought  up  in  his  fa- 
mily, at  his  house,  at  Sherman's  Point,  on  Harlaem  Creek. 
That  Sherman's  Point  is  the  northern  end  of  what  is  called  the 
Fort  Washington  Mountains ;  and  that  the  house  of  his  said 
father-in-law  is  close  on  the  margin  of  Harlaem  Creek,  under 
the  very  point  of  said  mountain.  That  deponent  resided  in  said 
house,  from  the  time  he  was  four  years  of  age  until  about  ele- 
ven years  ago,  at  which  time  he  moved  to  the  City  of  New 
York,  making  the  period  of  his  residence  at  Sherman's  Point 
about  forty  years.    And  this  deponent  further  saith,  that  he 


3SI 


[Doc.  No.  36. 


worked  about  twenty  years  for  Jacobus  Dyckman,  and  was  mar- 
ried in  his  house,  and  is  perfectly  acquainted  with  the  family  of 
the  Posts,  and  llyatts,  and  all  the  other  neighbors.  And  this  depo- 
nent saith,  that  the  channel  of  Harlaem  neck  is  very  crooked 
and  winding  ;  and  that  at  low  water  the  river  runs  bare,  except 
in  the  channel,  showing  extensive  mud  flats  on  both  sides ;  and 
that  said  creek  is  very  difficult  to  be  navigated,  on  account  of 
said  flats.  And  this  deponent  further  saith,  that  during  the  whole 
of  his  residence  on  said  creek,  he  never  knew  any  vessel  of  bur- 
den to  come  up  said  creek,  except  during  the  American  war, 
when  a  small  privateer  was  chased  up  said  creek,  and  likewise 
a  sloop  loaded  with  provisions,  &c. ;  that  both  said  vessels 
were  taken  by  the  British ;  that  this  was  long  before  Harlaem 
Bridge  was  built.    That,  since  the  war,  deponent  has  never 
known  any  kind  of  craft  driven  with  sails  to  come  up  said  creek? 
except  a  small  pettiauger  rigged  boat,  owned  by  one  Jerry  Hamp- 
ton, which  was  flat  bottomed,  and  used  to  lie  on  the  flats,  and 
sometimes  on  the  salt  meadows  at  low  water.    That  said  Jerry 
used  to  trade  in  earthenware  and  take  iron  hoops,  rags,  and 
such  things  in  return.    That  Jerry's  boat  was,  perhaps,  seven 
feet  wide,  and  about  twenty-eight  feet  long,  with  masts  that 
could  ship  and  unship.     That  this  is  the  only  boat  with  masts 
and  sails  that  deponent  knows  to  have  come  up  since  the  war, 
and  deponent  is  confident  that  if  others  had  come  up  the  creek 
he  must  either  have  seen  them  or  heard  of  them,  as  the  house 
he  lived  in,  as  before  stated,  is  on  the  very  margin  of  the  creek, 
and  the  creek  can  be  seen  from  Jacobus  Dykeman's,  where  he 
used  to  work.    And  deponent  saith  that  none  of  the  inhabitants 
on  said  creek  ever  owned  or  used  any  other  boats  than  skiffs 
and  fish  boats  ;  that  said  creek  is  not  suitable  for  larger  boats, 
and  has  no  convenience  for  the  same  ;  that  there  are  no  docks 
or  landings  for  such  large  boats,  and  no  trade  or  commerce 
whatsoever,  has  ever  been  carried  on  up  said  creek. 

And  this  deponent  further  saith  that  he  has  spent  much  of  his 
time  in  catching  fish  and  oysters  and  clams,  and  knows  that  all 
the  shellfish  which  lay  on  the  flats  in  said  creek,  perish  by  the 


Doc.  No.  30.] 


382 


frost  :  and  deponent  is  decidedly  of  opinion,  that  if  the  flats  be 
covered  with  water  for  two  or  three  winters,  the  whole  river 
will  become  one  extensive  bed  of  oysters  and  clams. 

And  this  deponent  doth  further  say,  that  he  understands  that 
the  lock  in  Mr.  McComb's  dam  is  eight  feet  wide  and  thirty- 
two  feet  long,  which  is  large  enough  for  any  boats  he  ever 
knew  owned  in  Ilarlaem  Creek,  or  that  ever  were  accustomed 
to  navigate  the  same ;  and  deponent  lias  no  hesitation  to  say, 
that  said  dam  must  greatly  improve  the  navigation  and  fishery  of 
said  creek,  and  be  a  great  blessing  to  the  inhabitants,  and  particu- 
larly to  the  poor. 

JOHN  IIALSTAD. 

Sworn  before  me,  March  01,  1818, 
G.  TUCKMASTER, 

Alderman. 


I,  Henry  Thiscn,  do  hereby  certify  that  I  am  thirty-five 
years  of  age ;  that  I  am  grandson  of  William  Nogle,  whose 
father  was  one  of  the  first  patentees  of  New  Harlaern,  or  Up- 
per Harlaem,  being  the  tract  of  land  comprising  the  northern 
extremity  of  New  York  Island  ;  that  I  was  brought  up  by  my 
grandfather,  William  Nogle,  and  lived  in  the  house  with  him, 
close  on  the  margin  of  Harlaem  Creek,  which  house  is  now 
occupied  by  my  uncle,  Dennis  Post ;  and  that  I  inherited  from 
my  grandfather,  a  part  of  his  estate,  near  said  creek.  And  I 
further  certify,  that  I  have  resided  all  my  days  in  the  neighbor- 
hood of  said  creek,  and  am  acquainted  with  all  the  inhabitants  ; 
that  I  never  knew  any  of  them  to  own  a  larger  boat  than  a 
skiff,  or  fish  boat ;  and  never  knew  a  larger  boat  than  that  of 
Jerry  Hampton,  which  is  justly  described  in  Thomas  Bunting's 
affidavit.  And  I  further  certify,  that  it  is  my  opinion  that  the 
damming  of  the  water  is  a  great  advantage  to  the  fishery,  as 


383 


[Doc.  No.  36. 


the  clams  and  oysters  have  already  become  vey  abundant,  al- 
though they  have  been  covered  only  one  winter  ;  and  I  know, 
of  my  own  knowledge,  that  Stephen  Berrian  and  Dennis  Post, 
a  few  days  ago,  caught,  in  less  than  one  day,  upwards  of  two 
thousand  clams.    Dated  March  20,  1818. 

HENRY  THISON. 

Witness,  John  Marshall. 


I,  Lewis  Nodine,  aged  thirty-six  years,  residing  at  Fort 
Washington,  certify,  that  I  have  lived  near  Harlaem  Creek  all 
my  life ;  and  1  further  certify,  that  what  Henry  Thison  has 
stated  about  the  navigation  of  said  creek,  and  the  fishery,  is 
true  of  my  knowledge.    Dated  March  20,  1818. 

LEWIS  NODINE. 

Witness,  John  Marshall. 


I,  Edward  Douglass,  aged  sixty  years,  do  hereby  certify,  that 
I  have  jesided  seventeen  years  near  Harlaem  Creek,  at  Fort 
Washington ;  that  I  am  acquainted  with  all  the  neighbors,  and 
what  Henry  Thison  asserts  about  the  navigation  of  said  creek, 
is,  of  my  certain  knowledge,  correct  and  true.  Dated  March 
20,  1818. 

EDWARD  DOUGLASS. 

Witness,  John  Marshall. 


Doc.  No.  36.-] 


384 


Westchester  County,  ss. 

Thomas  Bunting,  aged  sixty-eight  years  on  28th  May  next, 
being  duly  sworn,  doth  depose  and  say,  that  he  came  to  reside 
in  the  neighborhood  of  Kingsbridge  about  thirty-four  years  ago, 
and  has  resided  near  the  Harlaem  River  ever  since  that  time. 
That  he  is  intimately  acquainted  with  the  whole  country  lying 
on  that  river,  and  with  every  inhabitant  who  now  resides  and 
has  resided  within  the  period  of  thirty-four  years  on  or  near 
Harlaem  River.     And  this  deponent  saith  that  having  de- 
voted much  of  his  time  to  fishing,  and  the  catching  of  oysters 
and  cjams,  he  has  a  thorough  and  most  perfect  acquaintance 
with  the  navigation  of  said  river  from  Kingsbridge  to  Dovoe's 
Point.    That  the  channel  of  said  river  is  exceedingly  crooked 
and  winding,  so  as  to  make  it  very  difficult  for  any  person, 
even  those  who  have  been  most  used  to  the  river,  to  conduct 
even  a  small  boat  through  the  same,  without  running  on  the  mud 
flats;  and  that  in  order  to  mark  the  channel,  stakes  have  been 
placed  at  several  points.    That  at  low  water,  before  the  build- 
ing of  Macomb's  dam,  the  said  river  run  out  bare,  except  in  the 
channel,  showing  a  great  extent  of  mud  flats  on  both  sides 
thereof.    And  this  deponent  further  saith,  that  said  river  has 
never,  at  any  time  that  he  has  been  acquainted  therewith,  in 
any  part  thereof,  between  Devoe's  Point  and  Kingsbridge,  been 
navigated  by  any  other  kind  of  vessels  but  skiffs  and  small 
boats  to  deponent's  knowledge,  the  largest  of  which  are  the 
boats  used  for  the  shad  fishing  of  the  North  River,  which  boats, 
of  the  largest  size  are  about  four  feet  w7ide,  and  from  twenty  to 
twenty-six  feet  long.    That  no  boat  or  vessel  except  of  the 
above  description  is  now  owned  or  has  ever  been  owned  within 
his  knowledge  by  any  inhabitant  on  either  side  of  said  river* 
within  that  part  of  it  dammed  by  Mr.  Macomb,  and  that  no 
other  kind  of  boat  has  been  accustomed  to  navigate  the  same. 
And  this  deponent  further  saith  that  he  is  perfectly  acquainted 
with  all  the  people  residing  on  said  river,  and  most  solemnly 


385  [Doc.  No.  36, 


declares  that  not  one  of  them  has  been  ever  in  the  habit  of  em- 
ploying any  kind  of  rigged  craft,  either  pettiaugers,  schooners, 
sloops,  or  any  kind  of  vessel  driven  with  sails,  since  his  resi- 
dence near  said  river;  that  he  has  never  heard  of  such  craft 
being  employed  ;  and  that  such  craft  could  not  have  come  up 
said  river  without  it  being  publicly  known  ;  and  that  during  the 
whole  period  of  thirty-four  years,  the  only  vessels  or  boats 
driven  by  sails,  which  he  has  known  to  come  up  said  river,  was 
a  flat  bottomed  pettiauger,  owned  by  Gilbert  Valentine  and 
John  Vermilyea,  and  afterwards  owned  by  said  Valentine  and 
Frederic  Brown,  of  about  five  feet  beam,  and  something  like 
twenty-six  feet  keel,  with  moveablo  masts,  so  as  to  be  rowed 
about  when  occasion  required,  being  one  of  that  kind  of  large 
sized  skirls  that  two  men  could  move  any  where,  and  contrived 
for  shallow  waters,  so  as  to  run  up  on  shore  and  lie  bare  at  low 
water ;  which  boat  came  up  the  river  about  twenty-six  years 
ago.  That  with  the  exception  of  said  boat,  the  only  one  using 
masts  and  sails  that  has  come  up  said  river,  to  deponent's 
knowledge,  was  a  pettiauger-rigged  boat,  owned  by  a  man 
named  Jerry  Hampton,  who  came  up  the  creek  with  crockery 
and  earthenware,  which  he  used  to  trade  away  to  the  inhabi- 
tants for  rags  and  old  iron;  that  this  was  about  twelve  or  thir- 
teen years  ago ;  that  said  boat  of  Hampton's  was  flat  bottomed, 
made  to  run  up  shallow  waters,  and  used  to  lie  high  and  dry  at 
low  water ;  was  of  about  six  feet  beam,  and  about  twenty- 
eight  feet  keel,  drawing,  when  loaded,  something  like  two  feet 
water,  being  built  out  of  two  logs  and  raised  upon.  That  said 
Jerry  Hampton  was  ordered  out  of  the  creek  by  the  inhabi- 
tants, in  consequence  of  a  negro  having  stolen  a  ploughshare, 
which  he  was  said  to  have  trafficked  away  with  Jerry.  That 
since  that  time'no  rigged  boat  of  any  kind  or  description  what, 
soever  has  come  up  that  part  of  Harlaem  Creek  now  dammed 
by  Mr.  Macomb's  dam,  to  the  knowledge  or  belief  of  deponent ; 
that  deponent  has  never  heard  of  any  such  boat  coming  up? 
and  if  such  boat  had  come  up,  this  deponent  and  his  neighbors 
must  have  known  it. 

3 


Doc.  No.  36.] 


386 


And  this  deponent  further  saith,  that  on  the  whole  extent  of 
Harlaem  River,  from  Bussing's  Point  to  Kingsbridge,  there  is 
not  a  single  landing  place  for  vessels  or  boats  of  any  burthen ; 
nor  a  single  dock,  or  convenience  for  such  vessels  or  boats ; 
that  the  shores  of  said  river  present  no  convenience  therefor; 
that  on  the  York  Island  side  of  the  river  the  shore  is  abrupt  and 
rocky,  all  the  way  up  to  Sherman's  Point,  (which  comprises 
two-thirds  of  the  distance.)  being  formed  by  one  side  of  the 
Fort  Washington  Mountains,  which  is  very  steep  and  rocky 
and  covered  with  woods  ;  that  ficm  Sherman's  Point  to  Kings- 
bridge,  and  along  the  whole  extent  of  the  Westchester  side,  the 
shore  is  generally  shoal  and  muddy  ;  that  besides  the  inconve- 
niences arising  from  these  natural  causes,  the  number  of  bridges 
erected  across  Harlaem  River  would  present  a  great  obstacle 
to  the  navigation  thereof,  if  such  navigation  were  ever  good  ; 
there  being,  in  the  short  distance  of  eight  miles,  no  less  than  four 
bridges,  exclusive  of  that  erected  by  Mr.  McCombon  his  dam; 
to  wit:  Ward's  Bridge,  Harlaem  Bridge,  Vermilyea's  Bridge, 
and  Kin^s bridg3  ;  that  for  these  reasons  the  North  River  only 
has  been  used  by  the  inhabitants  of  Kingsbridge  and  the  neigh- 
borhood for  the  purposes  of  navigation. 

And  this  deponent  further  saith,  that  the  deepening  of  the 
water  occasioned  by  Mr.  McComb's  dam,  is,  in  his  opinion,  a 
great  improvement  to  the  navigation,  as  it  affords  a  good  boat 
navigation  at  all  times  of  tide  ;  that  said  dam  has  greatly  im- 
proved the  fishery,  and  particularly  that  of  clams  and  oysters, 
which  formerly  used  to  perish  in  large  quantities  on  the  flats  at 
low  water,  by  the  severity  of  the  winter.  And  this  deponent 
does  not  doubt,  after  being  protected  one  winter  more,  that  the 
whole  of  the  flats  will  be  covered  with  shell  fish. 

And  this  deponent  further  saith,  that  since  Mr.  McComb's 
dam  was  finished,  Kingsbridge  has  become  a  place  of  con- 
siderable business  ;  that  companies  have  been  formed  who  have 
purchased  the  lands  and  opened  the  quarries  of  marble  in  the 
neighborhood  ;  that  mills  are  established  for  the  sawing,  cut- 
ting, and  polishing  of  marble  ;  that  these  establishments  have 


387  [Doc.  No.  36. 


increased  the  price  of  lands,  and  furnish  the  means  of  "subsist- 
ence to  a  large  number  of  laboring  people.  That  deponent 
understands  that  other  <  stablishments  will  shortly  be  made  on 
Mr.  McComb's  water,  which  will  give  life  and  activity  to  the 
county,  and  be  the  means  of  improving  the  whole  neighbor- 
hood. 

THOMAS  BUNTING.  ' 

Sworn,  March  17,  1818,  before  me,  ) 
GILBERT  WILLETT,  [ 

Justice  of  the  Peace.  ) 


City  and  County  of  New  York.  ss. 

Abraham  Berrian,  rired  sixty-siven  years,  being  duly  sworn, 
doth  depose  and  say,  that  he  is  the  proprietor  of  the  point  of 
land  and  farm  called  Berrian's  Point,  on  the  Spuyten^Duyvel  or 
Harlaem  River,  near  .  ingsbridge  ;  that  he  has  lived  there  22 
years,  the  18th  April  next ;  that  he  is  perfectly  acquainted  with 
Thomas  Bunting,  the  above  t  ponent,  who  is  an  old  inhabitant 
of  Kingsbridge.  And  this  deponent  saith,  that  he  is  perfectly 
acquainted  with  the  Harlaem  River,  and  with  all  the  inhabi- 
tants that  l-eside  near  the  same  ;  that  the  character  and  nature 
of  said  river,  and  of  the  navigation  thereof,  and  of  the  kind  of 
boats  used  on  the  same,  is  very  accurately  and  truly  described 
by  said  Bunting  in  the  above  affidavit.  That  deponent  knows, 
of  his  own  knowledge,  that  no  other  kind  of  boats  than  small 
skitfs  md  fish  boats  for  the  shad  fishery,  have  ever  been  owned 
or  used  on  said  river,  dammed  up  by  Col.  McComb,  and  that 
he  never  heard  of  any  inhabitant  employing  any  kind  of  craft, 
or  vessel  with  masts  and  sails  whatsoever;  that  during  the 
whole  of  twenty-two  years  residence  near  Kingsbridge,  no  boat 
using  masts  and  sails  has  come  up  said  river  to  deponent's 
knowledge,  except  the  boat  of  Jerry  Hampton,  described  in  the 


Doc  No.  Wi] 


388 


affidavit  of  Thomas  Bunting,  and  the  pleasure  boats  of  Colonel 
McComb.  And  this  deponent  further  saith,  that  he  has  heard 
with  surprise  and  indignation,  that  certain  persons  have  asserted 
and  solemnly  declared,  that  vessels  of  sixty  tons  were  accus- 
tomed to  navigate  said  river  ;  an  assertion  without  the  shadow 
of  a  foundation,  as  is  known  to  every  inhabitant  of  said  river; 
that  deponent  never  heard  of  such  assertions  until  after  the 
stopping  of  the  stone  saw  mill  built  on  the  water  of  Colonel 
McComb,  by  Mr.  George  W.  Hall,  and  Messrs.  Bolton,  by  the 
Chancellor,  because,  as  deponent  understands,  they  refused  to 
pay  for  the  water  required  to  woik  said  mill.  And  this  depo- 
nent further  saith,  that  he  considers  the  dam  of  Col.  McComb, 
a  great  advantage  to  the  whole  neighborhood,  not  only  as  fur- 
nishing an  excellent  bridge  to  the  inhabitants,  but  as  improving 
the  navigation  and  fishery  of  Harlaem  River,  and  above  all,  as 
the  means  of  rendering  Kingsbridgc  a  place  of  importance  for 
manufacturing  purposes  ;  6tat  Kitmsbridge  has  already  become 
a  place  of  business,  ami  that  the  lands  near  to  it  have  come  into 
great  demand,  and  almost  the  whole  thereof,  from  the  farm  of 
Jacob  Hyatt  to  that  of  Jacobus  Dyckman,  purchased  up  at  a 
very  advanced  price.  That  said  Jacob  Hyatt,  as  deponent  is 
credibly  informed,  has  been  offered  the  sum  of  one  thousand 
dollars  per  acre,  for  the  whole  of  his  land,  since  the  building  of 
Mr.  McComb's  dam,  when  the  same  would  not  have  brought 
more  than  fifty  pounds  per  acre  before  that  period. 

And  this  deponent  further  saith,  that  the  lock  in  Mr.  Mc 
Comb's  dam  is  eight  feet  wide  and  thirty-two  feet  long,  in  the 
clear,  which  is  more  than  sufficiently  large  for  any  boat  owned 
on  that  part  of  the  river  dammed  up,  or  for  any  boats  heretofore 
accustomed  to  navigate  the  same. 

ABRAHAM  BERRIAN. 

Sworn  before  me.  March  19,  ]81S,  ) 
JOHN  DOUGHTY, 

Assistant  Justice.  ) 


389 


[Doc.  No.  36. 


City  and  County  of  New  York,  ss. 

Garret  Garrctson,  aged  fifty-six  years  the  4th  of  June  next, 
being  duly  sworn,  doth  depose  and  say,  that  he  has  resided  35 
years  in  the  neighborhood  of  Harlaem  River  ;  that  he  knows 
the  facts  stated  in  the  affidavit  of  Thomas  Bunting,  hereunto 
annexed  to  be  true  ;  and  that  during  the  whole  period  aforesaid 
that  he  has  resided  near  Harlaem  River,  he  has  known  no  other 
boats  using  masts  and  sails  to  come  up  said  creek,  except  those 
described  by  said  Thomas  Bunting,  which  he  perfectly  remem- 
bers, and  a  small  vessel,  sloop  rigged,  which  came  up  and  lay 
off  Berrian's  land,  about  30  years  ago,  before  Harlaem  Bridge 
was  built,  for  the  purpose  of  getting  stone ;  that  said  vessel  lay 
off  in  the  channel  and  could  not  get  near  the  shore  on  account 
of  the  flats. 

And  this  deponent  further  saith,  that  he  has  the  same  opinion 
of  the  value  and  importance  of  Mr.  McComb's  dam,  as  is  ex- 
pressed in  the  preceding  affidavits. 

GARRET  GARRETSON. 

Sworn  before  me,  March  19,  1818,  ) 
JOHN  DOUGHTY,  [ 
Assistant  Justice.  ) 


City  and  County  of  New  York,  ss. 

Elizabeth  Wears,  being  duly  sworn,  doth  depose  and  say, 
that  she  has  resided  at  Fort  Washington,  in  the  City  and  County 
of  New  York,  and  near  the  Harlaem  Creek,  since  the  year 
1772  ;  that  she  is  perfectly  acquainted  with  all  the  inhabitants 
in  that  neighborhood  and  about  Kingsbridge  ;  that  she  never 
knew  of  any  large  boats,  pettiaugers,  sloops  or  otherwise,  com- 
ing up  Harlaem  Creek,  except  the  earthen  boat  as  she  was 


Doc.  No.  3C] 


390 


called,  of  Jerry  Hampton,  which  was  a  small  Hat  bottomed 
boat,  a  little  larger  than  the  fish  boats  ;  that  this  was  ihe  largest 
boat  she  ever  knew  to  come  op  or  ever  heard  that  did  come 
up.  That  she  bought  of  Jerry,  earthen  milk  pans  and  such 
like  things,  for  which  she  paid  him  in  old  iron  and  r;iLrs.  That 
she  never  heard  of  any  of  the  inhabitants  making  use  of  any 
large  boats  or  vessels  on  that  river ;  and  that  if  any  such  had 
been  used  she  must  have  known  it. 

And  this  deponent  further  saith,  that  the  farm  she  owns  and 
now  lives  on,  runs  down  to  Ilarlaem  Creek;  that  her  son, 
David,  is  constantly  fishing  in  said  creek  :  that  the  fishery  is 
greatly  improved  since  the  building  of  the  dam,  and  particularly 
the  fishery  of  clams  and  oysters,  owing  to  their  being  protected 
from  the  winter  by  deepening  th'1  water:  that  her  said  son, 
David,  caught  upwards  of  one  thousand  clams  after  horn  blow- 
ing for  dinner,  and  was  home  at  sunset. 

her 

ELIZABETH  ^  WEARS. 

Mark. 

Sworn,  March  19,  1818,  before  me,  i 
JOHN  DOUGHTY, 

Assistant  Justice.  ) 


I,  John  Fisher,  certify  that  I  live  in  the  house  on  Colonel 
McComb's  dam,  and  that  I  have  the  charge  of  the  same;  that 
the  lock  in  said  dam  is  eight  feet  wide  in  the  clear,  and  thirty- 
two  feet  long  in  the  clear  ;  that  he  is  well  acquainted  with  all 
the  boats  owned  on  the  river  between  the  dam  and  Kings- 
bridge  ;  that  there  is  not  one  which  cannot  at  any  time  pass 
through  the  lock,  and  that  no  boat  has  ever  come  to  the  dam 
to  pass  through,  that  has  not  been  able  to  go  through,  and  that 
he  has  not  put  through,  except  a  large  launch  sent  up  to  the 


391 


[Doc.  No.  36. 


dam  by  George  W.  Hall,  of  Kingsbridge  ;  that  said  launch 
was  one  of  those  boats  made  to  float  in  the  ocean  and  not  at 
all  intended  for  river  navigation.  And  this  deponent  further 
saith,  that  said  Hall  well  knew  that  said  launch  could  not 
pass  through  the  dam,  as  he  had  previously  measured  the  lock 
of  the  dam,  and  deponent  verily  believes  that  said  launch  was 
sent  to  the  dam,  through  malice  and  mischief,  as  deponent 
knew  that  Mr.  Hall  had  some  falling  out  with  Mr.  McComb, 
in  consequence  of  his  contesting  Mr.  McComb's  right  to  the 
water  dammed  up  by  the  dam.    Dated,  March  19,  1818. 

JOHN  FISHER. 


I,  Frederick  Devoe,  of  Devoe's  Point,  in  Westchester  County, 
do  hereby  certify,  that  the  farm  at  Devoe's  Point,  has  be- 
longed to  the  family,  since  the  first  settlement  of  the  country  ; 
that  I  am  now  upwards  of  fifty  years  of  age,  and  perfectly 
acquainted  with  all  the  inhabitants  living  between  McComb's 
dam  and  Kingsbridge,  and  am  thoroughly,  with  the  navigation 
of  Harlaem  River.  That  there  is  no  boat  owned  by  any  in* 
habitant  of  that  part  of  the  country,  larger  than  a  skiff  or  fish 
boat  ;  nor  do  I  remember  that  a  larger  boat  has  ever  been 
o  wned  on  said  river,  between  this  place  and  Kingsbridge,  ex- 
cept the  market  boat  owned  by  Gilbert  Valentine,  and  Brown, 
and  somebody  else,  about  twenty-six  or  thirty  years  ago,  which 
was  a  flat  bottomed  boat,  made  for  shallow  water ;  that  no 
commerce  or  traffic  has  within  my  knowledge  been  carried 
on  up  said  river ;  that  I  remember  the  boat  called  earthen 
boat,  owned  by  Jerry  Hampton,  which  went  up  the  river 
about  twelve  or  thirteen  years  ago  ;  that  she  was  a  flat  bottom- 
ed boat  made  for  shallow  water  ;  that  since  that  time  I  do  not 
remember  any  boat  so  large  to  come  up  the  river,  and  that  if 
such  boats  had  come  up,  I  must  have  seen  them,  or  heard  of 


Doc.  No.  36.] 


392 


them,  as  Devoe's  Point  has  an  extensive  prospect  up  and  clown 
the  Ilarlaem  River  ;  and  I  further  certify  that  there  is  no  docks 
or  conveniences  on  said  river  for  large  boats  to  land  at,  and 
that  there  never  has  been  any. 

And  I  further  state  that  the  dam  built  by  Mr.  McComb,  if  a 
great  convenience  to  the  inhabitants  of  Westchester  County, 
as  a  bridge  ;  that  the  damming  of  the  water  will  improve  the 
navigation,  by  affording  deep  water  for  boats,  at  all  times  of 
tide  ;  and  that  it  certainly  improves  the  fishery,  and  esj>ecially 
for  clams  and  oysters  ;  and  that  the  dam  has  become  a  place 
much  frequented  by  gentlemen  in  the  summer  season,  for  the 
purpose  of  catching  fish.    Dated  March  19,  1818. 

FREDERICK  DEVOE. 


393 


Doc  No.  3G. 


To  the  Honorable  the  Mayor,  Aldermen  and  Commonalty  of 
the  City  of  New  York : 

The  petition  of  Robert  Morris,  jun.  respectfully  sheweth  : 

That  your  memorialist  now  is,  and  his  family  have  been,  for 
the  last  half  century,  proprietors  of  land  lying  contiguous  to 
Devoe's  Point,  in  the  manor  of  Fordham,  and  County  of  West- 
chester ;  that  the  lands  of  your  memorialist,  although  formerly 
of  great  intrinsic  value,  on  account  of  their  proximity  to  this 
city,  are  now  in  a  manner  inaccessible,  by  reason  of  the  want 
of  a  bridge  at  Devoe's  Point. 

Your  memorialist's  father  originally  purchased,  and  no  doubt 
in  the  consideration  paid  for,  the  natural  rights  and  inhe- 
rent privileges  then  attached  to  said  property,  (to  wit,)  a  navi- 
gable conveyance  to  and  from  this  city,  and  by  the  way  of 
Kingsbridge  into  the  North  River,  both  of  which  your  memo- 
rialist has  frequently  passed,  by  the  order  and  in  the  service  of 
his  father,  all  which  invaluable  privileges  the  Honorable  the 
Legislature,  without  any  kind  of  remuneration,  have  seen  pro- 
per to  deprive  us  of. 

Your  memorialist  begs  leave  to  state,  that  he  finds  by  the 
late  map  of  this  island,  that  his  said  property  is  about  nine 
miles  from  this  city,  and  as  his  only  conveyance  is  now  by 
land,  he  can  only  go  by  the  way  of  Kingsbridge,  seventeen 
miles,  or  by  the  way  of  Harlaem  Bridge,  after  paying  a  heavy 
toll ;  he  is  to  pass  by  sufferance  through  private  property,  many 
gates  and  bad  roads,  making  a  distance  of  fourteen  miles  from 
this  city  ;  from  all  which  obstructing  causes,  your  memorialist's 
property,  of  upwards  of  two  hundred  acres,  now  rents  for  the 
pitiful  consideration  of  two  hundred  and  fifty  dollars  per  annum  ; 
a  sorry  combination  of  facts,  which  your  memorialist  considers 
as  unprecedented  in  this,  or  any  state  in  the  Union.  Your  me- 
morialist is  well  aware  of  the  nice  reasoning  and  scrupulous  re- 
gard paid  to  the  interests  and  supposed  rights  of  Mr.  Coles 
and  his  associates  ;  yet  that  the  powers  of  sympathy  should  not 

4 


Doc.  No.  85.]  394 


be  excited  for  the  old  revolutionist,  who,  after  a  war  of  seven 
years,  returns  to  his  native  city,  destitute  of  every  kind  of  pro- 
perty, save  this  very  spot ;  and  that  that,  in  consequence  of 
having  taken  a  part  with  1  lis  country,  holding  an  office  under 
the  Crown,  which  would  have  insured  his  fortune.  The  ene- 
my, exasperated,  destroyed  every  thing  upon  it,  as  per  Gover- 
nor Try  oris  order  for  that  purpose,  now  before  vie ;  and  that 
a  branch  of  this  very  Government,  which  he  became  poor  to 
establish,  should,  to  promote  the  interest  of  others,  virtually 
take  the  residue,  appears  to  your  memorialist  cruel,  if  not  un- 
just. 

That  your  memorialist  has  been  flattered  a  long  time,  with 
expectations  from  year  to  year,  that  the  Ilarlaem  Bridge  Com- 
pany seriously  contemplated  erecting  a  bridge  at  Devoe's  Point ; 
but  some  one  difficulty  or  other  lias,  and  I  have  reason  to  be- 
lieve ever  will,  present  itself,  during  the  continuance  of  the  old 
charter  of  Harlacm  Bridge  ;  and  your  memorialist  despairs  of 
any  such  serious  intentions,  their  interest  being  sufficiently  pro- 
moted, as  long  as  others  can  be  prevented,  and  the  Bridge 
Company  not  compelled,  by  fears  for  their  future  interest,  to 
erect  the  said  bridge. 

Your  memorialist  is  credibly  informed,  that  a  law  was  passed 
on  the  8th  of  April  l  ist,  authorizing  Mr.  Robert  McComb,  of 
this  city,  to  build  a  dam  from  Bussings  Point  to  Devoe's  Point ; 
which  dam,  as  your  memorialist  is  further  informed,  the  said 
Robert  McComb  is  willing  to  so  build,  as  to  compose  a  good 
and  sufficient  bridge  ;  at  which  bridge  he  proposes  'to  demand 
only  one  half  of  the  now  toll  of  Harlaem  Bridge,  and  to  give 
one  equal  moiety  of  the  nett  profits  of  that  half,  to  some  chari- 
table institution  of  this  city.  Your  memorialist  represents  to 
your  Honorable  Body,  that  the  terms  offered  by  Mr.  McComb, 
to  the  people  of  Westchester  County,  for  passing  his  intended 
bridge,  will  be  a  great  public  convenience. 

And  your  memorialist  is  not  willing  to  believe,  but  that  your 
Honorable  Body  will  view  this  important  subject  as  embracing 
an  extensive  public  advantage,  not  only  to  the  State,  as  short- 


395  [Doc.  No.  36. 


ening  and  bettering  the  great  highway  between  the  two  princi- 
pal cities  of  this  State  ;  a  large  portion  of  the  inhabitants  of 
Westchester  County  will  find  a  more  easy  and  direct  convey- 
ance to,  and  from,  market ;  and  the  interest  of  this  growing 
city  will  be  promoted,  by  increasing  the  avenues,  and  diminish- 
ing the  distance  and  expense  of  transportation ;  which  may  be 
peculiarly  important,  in  the  season  when  the  navigation  of  our 
bays  and  harbors  may  be  obstructed  by  ice,  &c. 

And  your  memorialist  humbly  prays,  that  your  Honorable 
Body  will  be  pleased  to  permit  Mr.  Robert  McComb  to  go  on 
forthwith,  and  build  his  intended  dam  and  bridge. 

And  your  memorialist,  as  in  duty  bound,  will  ever  pray,  &c. 

ROBERT  MORRIS,  Junior. 
New  York,  August  9th,  1813. 


Doc.  No.  86.] 


396 


Morrisania,  2\st  August,  1813. 

Sir — Col.  Macomb  asks  my  signature  to  a  petition  respect- 
ing a  dam  and  bridge  from  Bussing' s  Point  to  Devoc's  Point. 
It  would  be  going  out  of  my  way  to  petition  for  a  bridge  which 
I  should  seldom,  perhaps  never,  use.  But  it  is  proper  to  repeat, 
now,  what  I  have  often  said,  on  this  subject,  that  the  bridge 
proposed  appears  to  me  an  object  of  public  utility.  As  such  it 
will,  I  presume,  meet  the  patronage  of  intelligent  men  in  the 
Board  over  which  you  preside. 

It  is,  I  am  told,  opposed  by  the  Ilarlacm  Bridge  Company. 
With  the  affairs  of  these  Gentlemen  1  pretend  not  to  meddle, 
having  been  taught  by  experience  that  endeavors  to  serve  them 
may  be  misunderstood  or  misrepresented.  It  would  be  imper- 
tinent in  me,  Sir,  to  tell  you  that  no  act  of  the  Corporation  can 
impair  their  legal  claims.  If  they  have  no  such  claims,  it  may 
be  difficult  to  substantiate  others  in  a  way  to  affect  the  Corpo- 
ration of  New  York.  That  respectable  body  can  hardly  be 
held  by  principles,  either  of  right  or  of  delicacy,  to  pay  debts 
of  honor  contracted  by  the  Legislature.  Indeed,  it  is  our  duty 
to  believe  that  the  Legislature  has  the  will  as  well  as  the  power 
to  pay  their  own  debts. 

With  perfect  respect, 

I  have  the  honor  to  be,  Sir, 

Your  obedient  Servant, 

GOVVH-  MORRIS. 

The  Worshipful  Dewitt  Clinton, 
Mayor  of  New  York. 


